Greening International Jurisprudence
Greening International Jurisprudence

Author: Cathrin Zengerling

Publisher: Martinus Nijhoff Publishers

Published: 2013-08-22

Total Pages: 404

ISBN-13: 9004257314

DOWNLOAD EBOOK

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.

In Whose Name?
In Whose Name?

Author: Armin von Bogdandy

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 305

ISBN-13: 0198717466

DOWNLOAD EBOOK

The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Public Participation and Legitimacy in the WTO
Public Participation and Legitimacy in the WTO

Author: Yves Bonzon

Publisher: Cambridge University Press

Published: 2014-10-09

Total Pages: 329

ISBN-13: 1316061825

DOWNLOAD EBOOK

The legitimacy of the WTO's decision-making process has always been questioned, and many have advocated public participation mechanisms as a remedy. Yves Bonzon considers the limits and potential of these mechanisms by advancing a conceptual framework which distinguishes the four 'implementation parameters' of public participation: the goal, the object, the modalities, and the actors. He addresses the issue of legitimacy by considering to what extent, and by virtue of which legal developments, one can see implementing the democratic principle as a goal for public participation in the context of the WTO. By analysing the institutional structure of the WTO and its different types of decisions, he then outlines how this goal should influence the object and modalities of public participation, which decision-making procedures should be opened to public participation, and how the mechanisms should be implemented in practice. Finally, he suggests specific amendments to existing WTO arrangements on public participation.

Sustainable Development in International Law Making and Trade
Sustainable Development in International Law Making and Trade

Author: Elisabeth Bürgi Bonanomi

Publisher: Edward Elgar Publishing

Published: 2015-09-25

Total Pages: 455

ISBN-13: 1784717274

DOWNLOAD EBOOK

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

International Economic Law in the 21st Century
International Economic Law in the 21st Century

Author: Ernst-Ulrich Petersmann

Publisher: Bloomsbury Publishing

Published: 2012-07-24

Total Pages: 471

ISBN-13: 1847319815

DOWNLOAD EBOOK

The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

Transparency in International Law
Transparency in International Law

Author: Andrea Bianchi

Publisher: Cambridge University Press

Published: 2013-11-07

Total Pages: 641

ISBN-13: 1107470242

DOWNLOAD EBOOK

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

The Oxford Handbook of Comparative Regionalism
The Oxford Handbook of Comparative Regionalism

Author: Tanja A. Börzel

Publisher: Oxford University Press

Published: 2016

Total Pages: 705

ISBN-13: 0199682305

DOWNLOAD EBOOK

The Oxford Handbook of Comparative Regionalism - the first of its kind - offers a systematic and wide-ranging survey of the scholarship on regionalism, regionalization, and regional governance. Unpacking the major debates, leading authors of the field synthesize the state of the art, provide a guide to the comparative study of regionalism, and identify future avenues of research. Twenty-seven chapters review the theoretical and empirical scholarship with regard to the emergence of regionalism, the institutional design of regional organizations and issue-specific governance, as well as the effects of regionalism and its relationship with processes of regionalization. The authors explore theories of cooperation, integration, and diffusion explaining the rise and the different forms of regionalism. The handbook also discusses the state of the art on the world regions: North America, Latin America, Europe, Eurasia, Asia, North Africa and the Middle East, and Sub-Saharan Africa. Various chapters survey the literature on regional governance in major issue areas such as security and peace, trade and finance, environment, migration, social and gender policies, as well as democracy and human rights. Finally, the handbook engages in cross-regional comparisons with regard to institutional design, dispute settlement, identities and communities, legitimacy and democracy, as well as inter- and transregionalism.

Handbook on Global Governance and Regionalism
Handbook on Global Governance and Regionalism

Author: Jürgen Rüland

Publisher: Edward Elgar Publishing

Published: 2022-11-18

Total Pages: 519

ISBN-13: 1800377568

DOWNLOAD EBOOK

This Handbook expertly explores the profound transformations in international relations in recent decades. Proliferating cross-border challenges, including global financial crises, climate change, environmental degradation, irregular migration, and COVID-19, require governance structures that transcend the nation state and take both global and regional interplay, as well as problem-solving capacities, into account. Contributing authors investigate the effectiveness of international cooperation and performance in a diverse range of policy fields.

Parliamentarization of International Governmental Organizations
Parliamentarization of International Governmental Organizations

Author: Aleksandra Chiniaeva

Publisher: Springer Nature

Published: 2021-04-22

Total Pages: 222

ISBN-13: 3030713415

DOWNLOAD EBOOK

This book offers a general framework for a better understanding of the differences and similarities between the institutional rules of intergovernmental organizations that include parliamentary elements, and analyzes the role of various types of international parliamentary assemblies in the system of global governance, as well as insights into the process known as “parliamentarization of international organizations.” Firstly, it presents a case study of various types of international parliamentary assemblies, which is then used to analyze the law of particular international organizations that include parliamentary assemblies or relate to them. Secondly, the book compares two parliamentary assemblies of international organizations – the Parliamentary Assembly of the Organization for Security and Co-operation in Europe (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) – in terms of structure, powers, and relations with their IGOs. It also investigates the activities of assemblies and their cooperations for the purpose to explore the positive effects of the work of international parliamentary assemblies and their potential for having an impact at the national level. Lastly, the book analyzes the tangible and desirable powers of international assemblies by comparing examples of existing international parliamentary assemblies with the UN Parliamentary Assembly project. Based on that, the author compiles a list of essential requirements and principles for effective international parliamentary assemblies.

The Rise of International Parliaments
The Rise of International Parliaments

Author: Frank Schimmelfennig

Publisher: Oxford University Press

Published: 2020-12-14

Total Pages: 369

ISBN-13: 0192634194

DOWNLOAD EBOOK

International parliaments are on the rise. An increasing number of international organizations establishes 'international parliamentary institutions' or IPIs, which bring together members of national parliaments or - in rare cases - elected representatives of member state citizens. Yet, IPIs have generally remained powerless institutions with at best a consultative role in the decision-making process of international organizations. Why do the member states of international organizations create IPIs but do not vest them with relevant institutional powers? This study argues that neither the functional benefits of delegation nor the internalization of democratic norms answer this question convincingly. Rather, IPIs are best understood as an instrument of strategic legitimation. By establishing institutions that mimic national parliaments, governments seek to ensure that audiences at home and in the wider international environment recognize their international organizations as democratically legitimate. At the same time, they seek to avoid being effectively constrained by IPIs in international governance. The Rise of International Parliaments provides a systematic study of the establishment and empowerment of IPIs based on a novel dataset. In a statistical analysis covering the world's most relevant international organizations and a series of case studies from all major world regions, we find two varieties of international parliamentarization. International organizations with general purpose and high authority create and empower IPIs to legitimate their region-building projects domestically. Alternatively, the establishment of IPIs is induced by the international diffusion of democratic norms and prominent templates, above all that of the European Parliament. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, and environmental and urban studies concerned with the dispersion of authority from central states to supranational institutions, subnational governments, and public-private networks. It brings together work that advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.